JAMES ROBERT LOUTH, APPELLANT,
v.
MARIELLEN WILLIAMS, F/K/A MARIELLEN POWER LOUTH, APPELLEE
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The court held that homestead property is not subject to a forced sale to secure attorney's fees and costs absent specific exceptions. The lien on the husband's home was therefore invalid.
The former husband challenged an order awarding attorney's fees and costs to his former wife, which also attempted to secure payment by placing a lien…
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PER CURIAM.
The former husband, James Robert Louth, challenges an order awarding attorney’s fees and costs to his former wife, Mariellen Williams. The order, dated December 3, 1992, ordered Mr. Louth to pay attorney’s fees and costs and attempted to secure the payment of those amounts by placing a lien on Mr. Louth’s home. We reverse that portion of the order which attempted to establish a lien on Mr. Louth’s home, but affirm in all other respects.
It is undisputed that Mr. Louth’s home constituted homestead property and, therefore, absent certain exceptions not present in this case, the property is not subject to forced sale. Art. X, § 4, Fla. Const. See Cain v. Cain, 549 So. 2d 1161 (Fla. 4th DCA 1989).
We, accordingly, reverse and remand with instructions to strike that portion of the trial court’s order which attempts to establish a lien on Mr. Louth’s property.
Affirmed in part, reversed in part, and remanded.
SCHOONOVER, A.C.J., and PATTERSON and QUINCE, JJ., concur.
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Citator
Cited By
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Marcel Dorin Nicoara v. Cornelia Nicoara, 755 So. 2d 777 (Fla. 4th DCA 2000)…. We accept appellee’s concession of error and reverse the trial court’s imposition of a lien on appellant’s homestead to secure payment of appellee’s attorney’s fees. See Cain v. Cain, 549 So. 2d 1161, 1163 (Fla. 4th DCA 1989); Louth v. Williams, 659 So. 2d 409, 410 (Fla. 2d DCA 1995). We otherwise affirm the Final Judgment and Supplemental Final Judgment in all respects. We remand for the trial court to correct the Supplemental Final Judgment consistent herewith. AFFIRMED IN PART; REVERSED IN PART and R…
Authorities Cited
- Cain v. Cain, 549 So. 2d 1161 (Fla. 4th DCA 1989)